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workaholic duck

Future Comms mobile contract

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Future comms gone bust, so now what?

O2 have the job of passing on affected customers to Chess ICT who seem to have some connection to FC (with not much better reviews online!). O2 seem to have confidence that they will solve the issues. I don't. 

All I want is to cancel the contract but is there any hope? At all?

Currently my court case against them is still ongoing and due to be heard in a local court very soon. I have to wait to be told the appointed time, then call to tell them the situation. Presumably it will just get cancelled.

As my contract was with FC but service provided by O2, I shall be beholden to O2 to do as I am told? I am loathe to continue paying O2 this dd which includes the cashback I should have got/be getting. Yet I can't stop because I don't want my service cut.

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Chess ICT contacted me by email to say they are taking over FC's customers now they've gone bust. Told me to forward all relevant paperwork with money claims.

 

BUT also heard from court that my case is going to be heard at my local court very soon as FC didn't respond to mediation.

 

Does this mean I can continue with my court action but with Chess???? Anyone?? Please??!

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This is excellent used because first of all the case has been listed at your local court. Normally it would be heard at the defendant's court because you are both businesses. This means that you don't have to travel but they do. Secondly, the chances of somebody turning up on behalf of futurecomms is vanishingly remote  and so that means that at if you are the only person who turns up for the hearing then you will have judgement awarded against them almost automatically. 

 

Is there a hearing date?

 

 


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Should I just continue as though I don't know they've gone bust?

 

Hearing date to follow soon. 

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They haven't gone bust. They are still in existence but they have simply stopped trading.


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Oh, even better then! I'll just carry on regardless.....

Thank you!!

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This morning I received a letter from the local court with a hearing date (Oct 25).

 

I have to send a detailed claim and pay a further £25 hearing fee. That part's easy. But is it OK to continue knowing full well that FC have ceased trading?

 

Apparently, even though I spoke with O2 and this Chess company  (who are hoovering up all FC's accounts) and explicitly said I do NOT want to be transferred to Chess (IMO, no different from FC) my contract has been taken over by Chess. I received a text message (twice) saying they'd taken over my account. I haven't contacted them and O2 continue to take the full amount each month with no-one now paying any cashback. 

 

All I want now is my 'contract' signed with FC to be scrapped. Is there a chance the courts can do this? I did say in my first money claim that that's what I wanted, aswell as my money back! 

 

Chess say they will not attend court because it's nothing to do with them........

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If you're not troubled by the possible loss of £25 then I would say that it's worth a punt. However I would suggest to you that you post up here what you are intending to write before you send it off. I'm afraid that so far you have been acting on your own without our help. I think that we can improve your chances.



One of the things that interest me is that it now appears that in order for the future comms to have been selling O2 products, they have had to be authorised by O2. I would take this as being a statement from O2 that future comms were a fit company to do this and that they were being subject to a certain amount of oversight by O2 and a set amount of quality control. The fact that none of this happened could potentially amount to misrepresentation by O2 and I think this would give you then a basis for further complaint.

You may have done it already but please could you post up again your claim form in PDF format and also, this time, post up your draft detailed claim before you send it off and commit yourself without some advice from us. You don't need to follow the advice – but it will be helpful to you if you refer to us before taking action.

It is extremely unlikely that future comms will turn up at the hearing and so as long as you present a reasonable case, a win for you will be almost automatic. I think it is important to get as much stuff into your claim as possible so that it will help you in a future complaint about O2 to the ombudsman.

I think there is a basis of a claim that O2 recommended future comms by authorising them but in fact their recommendation was misleading and damaging to you even though it was intended to persuade you to go into a contract with future comms.

I can't remember how much you are owed but I have a feeling that it's not very much and so given the prejudice that O2 would suffer if you won this argument against them, I can imagine that O2 might even put their hands up in order to avoid a decision or a judgement against them.

So I don't think you got a lot to lose – and I think there's a lot to gain

When is the deadline for submitting these papers? Have you sent an SAR to future comms?


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Thank you, Bankfodder. I do take your advice and am grateful for it! But you know I'm not a great fan of posting forms online .......however, I will ....because I could easily get out of my depth with this complicated issue.

 

You have made some very interesting points, which is why I am determined to take this to court. When FC ceased trading I was in touch with both O2  (by phone) and Chess (by email, having refused a phone call with them). Neither would admit any responsibility for the contract I had with FC. Carefully evading any direct questions. 

 

I'll start my case notes very soon. It has to be in before 27 Sept, together with the £25 fee. The sums are adding up now......it was over £200 when I started the claim, now with another 3 months missed cashbacks and another court fee, we're getting on for nearer £300 but WHO will pay?? No-one I'm guessing......unless O2 are pressured by the courts or the Ombudsman.....

 

Seems that Chess are eager to take on all these ex-customers of FC. They've probably struck a deal with O2  whereby they get all the commission! O2 certainly won't give cashbacks in any form. Not sure about Chess - I haven't asked them, although they did say they would likely 'discuss' options. 

 

What I'd like to know is where are all the other disgruntled FC  victims???  Has everyone just given up?????

 

 

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Just to be clear, although you will probably get the judgement – is likely to be impossible to enforce. This means that you will lose your claim fee, your hearing fee and frankly I wouldn't bother to suggest that you instruct bailiffs and sacrifice a 50 or £60 County Court bailiff fee.

So please be aware that it may all lead nowhere and you will simply have in your hands a judgement which will be a trophy but nothing more.

I'm just letting you know this so that you are fully aware of your position


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Yes, I completely understand about the money! There's no-one to claim it from anyway....

What I really want to achieve (though not sure it'll happen in court) is to have the contract cancelled.

 

All I want now is to go back to EE!!!! Over 12 years of NO issues whatsover! But I'm damned if I'll pay an(other) early termination fee to O2. 

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I think if you are able to get a judgement against future comms – especially if in your detailed claim we can refer to the fact that they are authorised by O2, then I think that we may have a basis for putting pressure on O2 either through the ombudsman or possibly through the courts to bring it all to an end. I can imagine that O2 would probably say that it was simply a gesture of goodwill – but it would have the same effect for you. However, this is just hypothetical

 

 


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That's what I must stress then. That O2 authorised FC to work on their behalf, even though O2 insisted that my contract was with FC not them. They provide the service only.

 

What I couldn't determine from O2, nor Chess, is WHO is responsible for my contract now? Neither want to know yet both are happy to take my money + cashback + early termination fee. Both just evade the question, or blame the other......

 

It seems very simple to me that I signed a contract with FC. FC have ceased trading. Contract broken/breached. 

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What you need to emphasise is the fact that you are influenced by the knowledge that future comms were acting on behalf of O2 and were authorised by them and you believed that their use of the O2 trademark amounted to an approval by O2 that future commerce was fit and proper. You need to emphasise that this was an important factor in your decision to go with future comms and that you relied on this.

As I have already said, you should post your draft here


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Yes. That has always been my defence for being sucked into FC's sham. I thought it was O2's contract when I signed!!!!

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Only to the extent that I went round canvassing all of my media contacts over years and found somebody who is interested enough to have a look. I then went about putting them in contact with as many victims as possible 

After that, I had no hand in it and I have no idea what is going to be in it


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Reading the court papers, I have to provide the court AND the defendant copies of my claim.

 

So, to whom, and where do I send them?? According to the TV coverage, the offices used by FC are empty.

 

Or, should I send them to Chess ICT? Since they are the ones, according to the report, sub-contracted FC originally. Although when I asked them they denied all responsibility, saying they are only 'helping' customers left in the lurch by FC......(out of the goodness of their hearts, of course_).

 

Or, even O2??

 

Any help welcome.

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Send the papers to the liquidator. There are two of them. At different addresses.

Send the papers to both of them – recorded delivery https://beta.companieshouse.gov.uk/company/09986529/insolvency?fbclid=IwAR1T683tFAz9C7RO9tRTSMYqkIe-UeOW1y9Tv4T_RKilwfI6sz6Oisj6O0k

 

 


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Ah! Thank you! You replied much quicker than the liquidators!

 

I followed the link from on here (another FC post) to the liquidators. Any queries to be addressed to Richard Barrett with his email address. So I emailed him asking the same question. 

 

If they don't reply quickly I have my answer now. That puts my mind at rest. After all this time the last thing I want is  to abandon this court hearing.

Edited by workaholic duck
wrong name

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